House Speaker Mike Johnson has recounted a specific incident that suggests President Biden was unaware of at least one significant executive order he had signed. Johnson described a private meeting with Biden in January 2024 where he questioned the President about an executive order pausing liquefied natural gas (LNG) exports to Europe.
Biden initially denied signing the order, which had been enacted just weeks earlier, and seemed genuinely confused about its contentsâclaiming it was for a study rather than a pauseâdespite the fact that it was indeed a signed order with immediate effects.
Johnson stated, âIt occurred to me he was not lying to me. He genuinely did not know what he had 'signed',â and expressed alarm.
If a witnessâsay, a former Biden Administration officialâtestified under oath that President Bidenâs signature was applied to official documents without his knowledge or understanding, the ramifications could be seismic, legally and politically, though the outcome would hinge on specifics like the documentâs nature, evidence quality, and context.
Hereâs a breakdown:
Legal Ramifications
- Invalidation of Documents
- Legislation: For bills signed into law (Article I, Section 7), courts could rule the signature invalid if itâs proven Biden didnât intend or comprehend the act. The 2011 OLC opinion (35 Op. O.L.C. 1) allows autopen use if authorized, but without knowledge, that authorization collapses. Affected laws could be struck down, though courts might hesitate to unravel major legislation retroactively due to reliance interests (e.g., Chevron U.S.A., Inc. v. NRDC, 1984, on administrative stability).
- Executive Orders: These derive from Article II powers. Lack of presidential intent could render them ultra vires (beyond authority), as in Youngstown Sheet & Tube Co. v. Sawyer (1952). Challengers could seek injunctions or nullification.
- Pardons: Article II, Section 2 gives the President broad pardon power, but courts might question a pardonâs validity if Biden was wholly unaware, especially if itâs tied to fraud or abuse (e.g., the Clinton pardon debates).
- Criminal Implications
- Fraud or Forgery: If staff knowingly applied Bidenâs signature (e.g., via autopen) without consent, it could violate federal laws like 18 U.S.C. § 1001 (false statements) or § 471 (forgery). Prosecutors would need evidence of intent to deceive.
- Conspiracy: Multiple officials colluding to bypass Biden could face conspiracy charges (18 U.S.C. § 371), escalating the scandal.
- Judicial Review
- Courts would likely demand hard proofâdocuments, logs, or recordingsâbeyond testimony. Precedents like Marbury v. Madison (1803) emphasize executive acts must align with constitutional authority. A case could reach the Supreme Court, especially if it involves a major law or order.
- Constitutional Crisis
- If systemic unawareness were proven, it might trigger further retrospective debates about Bidenâs fitness.
Political Ramifications
- Pressure
- Congress could investigate, with Republicans likely pushing for answers.
- Administrative Chaos
- Agencies relying on affected orders (e.g., EPA rules, LNG export pauses) might halt enforcement, creating policy gridlock. Opponents could exploit this to challenge Bidenâs entire agenda.
- Public and International Fallout
- Domestically, itâd fuel narratives of incompetence or a âshadow government,â as hinted in Speaker Johnsonâs LNG example.
Practical Considerations
- Burden of Proof: Testimony alone might not sufficeâcourts and Congress would want autopen logs, staff directives, or Bidenâs own statements. A single witness could be dismissed as disgruntled; multiple, credible ones shift the odds.
- Scope: If itâs one document, the fallout might be contained. If itâs systemic (e.g., dozens of orders), itâs a full-blown crisis.
- Legal challenges might outlast a presidency, shifting focus to successors or historical reckoning.
Hypothetical Scenario
If an official testifies that Bidenâs signature was autopen-applied to a 2024 climate order without his understanding, and logs show staff bypassed him. Courts could strike the order, DOJ might probe staff, and Congress could launch hearings. If evidence holds, itâs a legal messâlawsuits pile up, policies stall, and Bidenâs legacy takes a hit. If itâs debunked or unproven, itâs just political noise.
In short, the ramifications range from document-specific nullification to a governance crisis, depending on evidence and scale. Itâd be a legal and political firestorm either way.
@Grok